A criminal writ petition seeking quashing of an FIR and direction not to arrest the petitioners was dismissed as infructuous due to the expiration of time. An interim order was vacated.
null
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 26965 of 2019
Petitioner :- Shailendra Singh Chauhan And Ors. Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Ors. Counsel for Petitioner :- Dinesh Kumar,Ram Pal Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Mrs. Saroj Yadav,J.
This writ petition has been filed by the petitioners with the following prayers :-
"(i.) Writ, order or direction in the nature of certiorari be issued quashing the impugned F.I.R. bearing number 148/2019 under Sections 498-A, 323, 506, 313 IPC and 3/4 of D.P.Act, registered at P.S. Mahila Thana, District Hardoi on 30.8.2019 as annexed in Annexure No.1 to this writ petition.
ii). Writ, order or direction in the nature of mandamus be issued commanding the opposite parties not to arrest the petitioners in pursuance of the FIR bearing number 148/2019 under Sections 498-A, 323, 506, 313 IPC and 3/4 of D.P.Act, registered at P.S. Mahila Thana, District Hardoi on 30.8.2019."
It appears that by efÒux of time, the instant writ petition has become infructuous.
Accordingly, the present writ petition is dismissed as infructuous.
Interim order, if any, stands vacated.
However, it is open for the petitioners to move an appropriate application within two months from today, if the matter survives.
It is made clear that if any consequential proceedings are initiated in pursuance of the impugned FIR, the parties are at liberty to take recourse to law.
(Mrs. Saroj Yadav, J.) (Ramesh Sinha, J.)
Order Date :- 16.3.2022
Shukla
Digitally signed by ASHUTOSH KUMAR SHUKLA Date: 2022.03.21 18:09:30 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench
Shailendra Singh Chauhan And Ors.
State Of U.P. Thru. Prin. Secy. Home Lko. And Ors.
Ramesh Sinha
Saroj Yadav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
